Indian fishermen’s custody extended by Lanka court

Indian fishermen's custody extended by Lanka court
Indian fishermen’s custody extended by Lanka court

A Sri Lankan court today extended till December 17 the jail custody of 14 Indian fishermen, who were charged with violating the International Maritime boundary line and arrested near Neduntheevu on November 19, according to a fishermen organisation.

The 14 fishermen, nine of whom were from Rameswaram and four from Mandapam, were arrestedby Sri Lankan navy personnelwhen they were fishing near Nedunteevu and they weresent to a prison after being produced in a court there, P Sasuraja, Rameswaram fishermen organisation president, said.

The 14 fishermen were produced before Oorkavalthurai court magistrate Lenin Kumar who today extended their remand by a fortnight following which the fishermen were sent to Jaffna prison.

( Source – PTI )

SC permits Italian marines to go to Italy to cast vote

Two Italian marines has been permitted by the Supreme Court permitted , accused of shooting dead two Indian fishermen off the coast of Kerala, to travel to their country to cast vote in the upcoming elections there.
A bench headed by Chief Justice Altamas Kabir told that the accused marines, Massimiliano Lattore and Salvatore Girone, would travel to Italy under the control and custody of the ambassador of Italy in India, to cast their ballot in the elections scheduled for February 24 and 25.

The bench also comprising justices AR Dave and Vikramajit Sen allowed the plea of the two marines and the Italian government to allow them to travel for four weeks to Italy.

“We are inclined to allow the prayer,” the bench told that while asking the Italian ambassador to file an additional affidavit on behalf of the Republic of Italy.

While allowing the plea, the bench noted that under the Italian law, the marines are not entitled to cast their votes through postal ballot.

The bench told that the marines are only allowed to travel to Italy and remain there and will have to return to India.

During the hearing, the court was told that the trial court in Kollam, Kerala, has not handed over the passports of the two marines to Ministry of Home Affairs (MHA) in accordance with the January 18 order of the apex court.

The bench was told that passports have been mailed on February 16 and it has not yet been received by the MHA.

Taking this fact into consideration, the bench permitted that in case the passports are not received, the marines can travel on the temporary documents and the MHA will inform the authorities at IGI Airport and Central Industrial Security Force (CISF) about this order.

The two marines were on board the Italian vessel ‘Enrica Lexie’, when they had shot dead the two fishermen on February 15, last year.

The apex court also said that the marines before leaving and after arriving back in India shall report to Chanakyapuri Police Station in accordance with the apex court’s January 18 order.

On January 18, the apex court had turned down the Italian government’s plea that the Indian courts had no jurisdiction in the case and had held that the two marines should be tried by the Centre by constituting a special court to conduct their trial.

“The incident of firing from the Italian vessel on the Indian shipping vessel having occurred within the Contiguous Zone, the Union of India is entitled to prosecute the two Italian marines under the criminal justice system prevalent in the country,” the bench had told.

It had directed that the two be shifted to Delhi and would remain under it’s ‘custody’ till the special court is set up.

The court had said that the Kerala government did not have the jurisdiction to prosecute the two foreign marines and it is to be done by the Centre in the special court to be set up after consulting the CJI.

The court had also said that all the conditions imposed on them by the Kerala court, while granting them bail will remain till the special court is set up and the marines will mark their presence at least once a week before Chanakyapuri Police Station.

Italian marines to be under SC ‘custody’ in Delhi

Charges of killing two Indian fishermen has being facing by the two Italian marines facing, will be shifted to Delhi from Kerala and be under the ‘custody’ of the Supreme Court till the Centre constitutes a special court to hold their trial.

Clarifying its order hours after it passed the verdict on the plea of Italy government rejecting their claim that Indian courts have no jurisdiction in the case, the Supreme Court told that the marines will remain in Delhi and they will report to Chanakyapuri police station till the special court is set up.

It also said that their passport, which is under the custody of Kerala Court, will be handed over to the ministry of home affairs.

A bench headed by Chief Justice Altamas Kabir said that Italian Embassy will arrange for their stay and it will monitor their movements. It said that all the conditions imposed on them by the Kerala court, while granting them bail will remain till special court is set up.

Sovereignty is not given but asserted : Supreme Court judge

Sovereignty is not “given” but it is asserted, According to the Supreme Court of India while holding that the Italian marines allegedly involved in the killing of two Indian fishermen off the coast of Kerala can be prosecuted under municipal laws.

The apex court did not agree with the contention of the marines that the sovereignty of India does not extend beyond its territorial waters and therefore, the extension of the Indian Penal Code beyond the Indian territorial waters is impermissible.

Justice J Chelameswar told Parliament always asserted its authority to make laws which are applicable to “persons, who are not corporeally present within the territory of India (whether or not they are citizens) when such persons commit acts which affect the legitimate interests of this country.”

“I am of the opinion that Parliament, undoubtedly, has the power to make and apply the law to persons, who are not citizens of India, committing acts which constitute offences prescribed by the law of this country irrespective of the fact whether such acts are committed within the territory of India or irrespective of the fact that the offender is corporeally present or not within the Indian territory at the time of the commission of the offence,” Justice Chelameswar said while writing a separate but concurring judgement with the Chief Justice of India.

Further, According to him “I am of the opinion that sovereignty is not ‘given’ but it is only asserted. No doubt, under the Maritime Zones Act, Parliament expressly asserted sovereignty of this country over the territorial waters but simultaneously, asserted its authority to determine/alter the limit of the territorial waters.”

Judicial custody of Italian marines extended

A Kerala court Monday extended till April 30 the judicial custody of the two Italian security officials arrested for gunning down two Indian fishermen.

Latorre Massimillano and Salvatore Girone have been lodged in the central prison here. The court in Kollam had sent them to 14 days custody on Feb 20 and police were initially given three days to interrogate them. This was extended twice.

Two Indian fishermen, Ajesh Binki, 25, and Gelastine, 45, were allegedly mistaken as pirates and shot dead by the two security crew of cargo vessel Enrica Lexie Feb 15, about 14 nautical miles off Alappuzha in Kerala.

The two are lodged in a special room in the prison and their demand for a TV set was earlier turned down by the court.

Three Italian ministers have visited the duo.